HomeMy WebLinkAbout2007-13 - Sewer Easement Vacation at 721 and 725 St Jamesi
corded in Official Records, orange County
1ECORDING RE UESTED R "15F /EDToem
Daly, Clerk- Recorder
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City Clerk 2007000141642 08:01am 03106107
City of Newport Beach t 'Tv` ' �„ 102 a Res s
P.O. Box 1768 TH` C'' F ( o.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
CP C ! '
Newport Beach, CA 92658 -8915
THIS SPACE FOR RECORDER'S USE ONLY.
TITLE OF DOCUMENT:
Exempt Recording Request per Government Code 27383
Resolution No. 2007 -13
Vacation of a 10 -Foot Sewer Easement Located at 721 and 725 St. James Road
Newport Beach, CA
RESOLUTION NO. 2007- 13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ORDERING THE VACATION OF A 10 -FOOT SEWER
EASEMENT LOCATED AT 721 AND 725 ST. JAMES ROAD; AND
DIRECTING THE CITY CLERK TO RECORD SAME WITH THE
COUNTY RECORDER'S OFFICE
WHEREAS, the City Council of the City of Newport Beach has received a
request to vacate a 10 -foot wide sewer easement legally described in Exhibit "A" and
shown in Exhibit "B "; and
WHEREAS, an existing 8 -inch steel sewer main in this easement will be
abandoned in place and new sewer laterals will be installed to an existing 8 -inch sewer
on St. James Road by the developer, and
WHEREAS, the City Council of the City of Newport Beach, pursuant to the
provisions of the Street Vacation Act (Section 8300 of the Street & Highways Code) is
authorized to vacate portions of public easements; and
WHEREAS,: the City Council of the City of Newport Beach has reviewed and
considered the various elements of the General Plan of the City of Newport Beach prior
to declaring its intent to vacate the easement and has determined that the proposed
vacation is consistent.with the General plan; and
WHEREAS, the easement is unnecessary for present or.future sewer purposes;
and
WHEREAS, a Notice of Vacation was published for at least two (2) successive
weeks prior to the hearing in a newspaper of general circulation in the City of Newport
Beach; and
WHEREAS, that at least two (2) weeks before the day set for hearing, Notices of
the proposed vacation were conspicuously posted adjacent to the easement, and that
Notices were posted not more than three hundred feet (300') apart along St. James
Road. The notices stated the day, hour, and place of the hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach that the sewer easement legally described in Exhibit "A" and shown in
Exhibit "B" are hereby ordered vacated and abandoned.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed. to have this
Resolution recorded by the Orange County Recorder.
Adopted the 27th day of February, 2007.
ATTEST:
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport
EXHIBIT "A"
SEWER EASEMENT VACATION
LEGAL DESCRIPTIONS
PARCEL 1
THAT CERTAIN 10 FOOT WIDE SEWER EASEMENT GRANTED TO THE CITY OF NEWPORT BEACH,
CALIFORNIA, BY DEED RECORDED IN BOOK 3237, PAGES 469 -471, OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED IN SAID DEED AS:
"BEING FIVE FEET (5') ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF LOT 13, TRACT NO. 1218, AS SHOWN
UPON A MAP RECORDED IN BOOK 37, PAGES 47, 48 AND 49 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING NORTHWESTERLY OF AND
DISTANT 76.00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 13; THENCE IN A
STRAIGHT LINE TO A POINT IN THE EASTERLY LINE OF SAID LOT 13, SAID POINT BEING
NORTHWESTERLY OF AND DISTANT 83.00 FEET FROM THE SOUTHEAST CORNER OF
SAID LOT 13."
PARCEL 2
THAT CERTAIN 10 FOOT WIDE SEWER EASEMENT GRANTED TO THE CITY OF NEWPORT BEACH,
CALIFORNIA, BY DEED RECORDED IN BOOK 3237, PAGES 472 -475, OF OFFICIAL RECORDS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED IN SAID DEED AS:
"BEING FIVE FEET (5') ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT A POINT IN THE WESTERLY LINE OF LOT 14, TRACT NO. 1218, AS SHOWN
UPON A MAP RECORDED IN BOOK 37, PAGES 47, 48 AND 49 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING NORTHWESTERLY OF AND
DISTANT 83.00 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 14; THENCE IN A
STRAIGHT LINE TO A POINT IN THE EASTERLY LINE OF SAID LOT 14 SAID POINT BEING
NORTHWESTERLY OF AND DISTANT 90.00 FEET FROM THE SOUTHEASTERLY CORNER OF
SAID LOT 14."
EXHIBIT "B"
SEWER EASEMENT VACATION
MAP
S61'55'�4 R =_ 300.00' L= 74.98'
CIVIL ENGINEER: '*54' 7 T14'1927 L- 84.98r�
ROBIN B. HAMERS AND ASSOC., INC _ L= 10.00' r�
234 E. 17TH STREET, SUITE 205
COSTA MESA, CA. 92627 b�
PHONE (949) 548 -1192
PROPERTY ADDRESS: f
LOT 13 LOT 14 'r h
721 AND 725 ST. JAMES ROAD C.L. EXISTING 10.00f
%SEWER EASEMENT
�1 % LOT 15
LOT 12
P i PARCEL 2
ARCEL 1
O.R. 3237/
Qy O.R. 3237/ 472 -475
469 -471 p:l
M•� bra
� �• zl
8=300 00' S68 32'40'W � — — — 177.35'
L= 74.98'
G� ST. JAMES ROAD
0
SCALE: 1"=40'
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2007 -13 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
27th day of February 2007, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal, of said City this 28th day of February 2007.
(Seal)
,-�
City Clerk
Newport Beach, California.